assessing the effectiveness of international courts international courts and tribunals series

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Assessing The Effectiveness Of International Courts

Author : Yuval Shany
ISBN : 9780199643295
Genre : Law
File Size : 27. 79 MB
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During the last twenty years the world has experienced a sharp rise in the number of international courts and tribunals, and a correlative expansion of their jurisdictions. This book draws on social sciences to provide a clear, goal-orientated assessment of their effectiveness, and a critical evaluation of the quality of their performance.

International Courts And Domestic Politics

Author : Marlene Wind
ISBN : 9781108427760
Genre : Law
File Size : 60. 55 MB
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Explores how and why the rise in international courts impacts on domestic politics on both national and international levels.

Civil Society International Courts And Compliance Bodies

Author : Tullio Treves
ISBN : 9067041866
Genre : Law
File Size : 38. 64 MB
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A project of the Universities of Milano, Brescia and Verona with the co-operation of PICT--the Project on International Courts and Tribunals.

Deference In International Courts And Tribunals

Author : Lukasz Gruszczynski
ISBN : 9780191026508
Genre : Law
File Size : 80. 7 MB
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International courts and tribunals are often asked to review decisions originally made by domestic decision-makers. This can often be a source of tension, as the international courts and tribunals need to judge how far to defer to the original decisions of the national bodies. As international courts and tribunals have proliferated, different courts have applied differing levels of deference to those originial decisions, which can lead to a fragmentation in international law. International courts in such positions rely on two key doctrines: the standard of review and the margin of appreciation. The standard of review establishes the extent to which national decisions relating to factual, legal, or political issues arising in the case are re-examined in the international court. The margin of appreciation is the extent to which national legislative, executive, and judicial decision-makers are allowed to reflect diversity in their interpretation of human rights obligations. The book begins by providing an overview of the margin of appreciation and standard of review, recognising that while the margin of appreciation explicitly acknowledges the existence of such deference, the standard of review does not: it is rather a procedural mechanism. It looks in-depth at how the public policy exception has been assessed by the European Court of Justice and the WTO dispute settlement bodies. It examines how the European Court of Human Rights has taken an evidence-based approach towards the margin of appreciation, as well as how it has addressed issues of hate speech. The Inter-American system is also investigated, and it is established how far deference is possible within that legal organisation. Finally, the book studies how a range of other international courts, such as the International Criminal Court, and the Law of the Sea Tribunal, have approached these two core doctrines.

The Oxford Handbook Of International Adjudication

Author : Cesare Romano
ISBN : 9780199660681
Genre : Law
File Size : 40. 46 MB
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This Oxford Handbook provides interdisciplinary perspectives on international adjudication, analysing the proliferation of international courts and tribunals from the perspective of both international law and political science. It presents the different theoretical approaches to these courts, their main functions, and the issues confronting them.

Legitimacy And International Courts

Author : Harlan Grant Cohen
ISBN : 9781108423854
Genre : Law
File Size : 49. 74 MB
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An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.

Selecting International Judges

Author : Ruth Mackenzie
ISBN : 9780199580569
Genre : Law
File Size : 41. 72 MB
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International courts are called upon to decide upon an increasingly wide range of issues of global importance, yet public knowledge of international judges and the process by which they are appointed remains very limited. Drawing on extensive empirical research, this book explains how the judges who sit on international courts are selected.

In Whose Name

Author : Armin von Bogdandy
ISBN : 9780191026959
Genre : Law
File Size : 87. 56 MB
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The vast majority of all international judicial decisions have been issued since 1990. This increasing activity of international courts over the past two decades is one of the most significant developments within the international law. It has repercussions on all levels of governance and has challenged received understandings of the nature and legitimacy of international courts. It was previously held that international courts are simply instruments of dispute settlement, whose activities are justified by the consent of the states that created them, and in whose name they decide. However, this understanding ignores other important judicial functions, underrates problems of legitimacy, and prevents a full assessment of how international adjudication functions, and the impact that it has demonstrably had. This book proposes a public law theory of international adjudication, which argues that international courts are multifunctional actors who exercise public authority and therefore require democratic legitimacy. It establishes this theory on the basis of three main building blocks: multifunctionality, the notion of an international public authority, and democracy. The book aims to answer the core question of the legitimacy of international adjudication: in whose name do international courts decide? It lays out the specific problem of the legitimacy of international adjudication, and reconstructs the common critiques of international courts. It develops a concept of democracy for international courts that makes it possible to constructively show how their legitimacy is derived. It argues that ultimately international courts make their decisions, even if they do not know it, in the name of the peoples and the citizens of the international community.

Increasing The Effectiveness Of The International Court Of Justice

Author : Connie Peck
ISBN : 9789041103062
Genre : Political Science
File Size : 60. 99 MB
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In April 1996 the ICJ/UNITAR "Colloquium on Increasing the Effectiveness of the Court" brought together from all corners of the world judges, legal advisers, practitioners of international law and jurists. It provided an unprecedented opportunity for an in-depth and detailed exchange of views not only on the Court's performance to date, but also on its future role, as well as on possible ways and means of enhancing its operation. There were some fifteen panels, covering subjects ranging from the Court's jurisprudence to its working methods, from assessment of its achievements to evaluation of its ability to handle issues arising from space exploration and the growing concern for the environment. All in all, it was a most comprehensive approach to the subject. This publication, which presents the papers delivered at the Colloquium and the discussions which took place around them, accordingly constitutes instructive reading for all who are concerned with the management and peaceful resolution of disputes. I hope for its widest possible dissemination.' "From the Foreword by Kofi A. Annan, Secretary-General of the United Nations,"

Select Proceedings Of The European Society Of International Law

Author : James Crawford
ISBN : 9781847318763
Genre : Law
File Size : 56. 66 MB
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This book continues the series Select Proceedings of the European Society of International Law, containing the proceedings of the Fourth Biennial Conference organised by ESIL and the University of Cambridge in 2010. The title of the conference was 'International Law 1989-2010: A Performance Appraisal'. The highlights, selected for publication in this volume, cover a wide spectrum of topics in international law.

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